NAGPUR: The Nagpur District Consumer Disputes Redressal Forum directed a city builder to pay Rs 2.25 lakh to complainant for allegedly adopting unethical trade practices. It included Rs 2 lakh to be paid with 12% interest from September 21, 2010, Rs 20,000 for causing mental and physical harassment, and Rs5,000 towards litigation costs.

While partly allowing the complainant filed by Ravi Prakash Dhamange under Consumer Protection Act, 1986, a division bench comprising President Vijay Premchandani and member Pradeep Patil, asked the Jham Builders and Developers Private Limited to pay the amount within a month.

The builder had floated a scheme of row houses in its Kanhaiya City scheme in second phase. It was supposed to come up at Mouza Waghdhara in Hingna. The complainant entered into pact with the builder to purchase one of the row houses measuring 585 square feet on August 23, 2010. It was signed at builder’s office at Parayawaran Nagar in Somalwada. The total price was pegged at Rs9.99 lakh and Dhamange, a resident of Sangil Nagar in Chandrapur, paid first instalment of Rs 2 lakh.

After the builder failed to communicate on the development of scheme, the complainant once visited the spot and was shocked to find nothing. When he enquired with the builder, he allegedly gave false assurances. It continued for a long time. Later, the builder started giving evasive relies and was delaying the matter under one or other pretext.

Fed up with builder’s delaying tactics for over three years, Dhamange issue a legal notice to him for refunding his amount of Rs2 lakh on December 11 last year. However, when builder failed to reply to his notice, he knocked consumer forum’s doors. In his prayer, he demanded that either the builder should provide him with row house as promised or refund his hard earned money.

The forum then issued notice to the builder, but he failed to either reply or come before the court. Finally, on October 7 last year, the forum decided to hear the case ex-parte (in builder’s absence). The judges after hearing the arguments and after going through entire set of documents that included ruled in the complainant’s favour.

Premchandani and Patil observed that allegations made by the Dhamange against the builder were proved as per the documents of the pact between them. They added that the builder adopted unethical trade practices and they even failed to reply to the forum’s notice despite getting it, as proved from the postal receipt.